State seeks removal of magistrate in Mboro panga case due to alleged bias

The state has brought an application for magistrate Katlego Mokoena’s recusal over claims of bias. Mokoena is presiding over the case of pastor Paseka ‘Mboro’ Motsoeneng. 

Mboro appeared before the Palm Ridge Magistrate’s Court on Monday, 9 September, for a bail hearing. He was denied bail on 19 August and has since appealed the decision.

NPA WANTS MAGISTRATE IN MBORO PANGA CASE TO BE RECUSED 

National Prosecuting Authority (NPA) spokesperson in Gauteng Phindi Mjonondwane said amongst the reasons advanced by the state was that she invited the defence team to her chambers in the state’s absence and allegedly informed them to “go and fix” the poorly constructed affidavit before bringing an application on new facts.

Furthermore, the magistrate allegedly made inappropriate remarks to the prosecutor seized with the bail application, saying he was harsh towards the accused. 

“Lastly, on 2 September, she enrolled the case brought by the applicants without the required documentation, namely a proper requisition that would have allowed her to entertain them, and failed to probe why the applicants were before her with a new counsel and not the counsel on record,” she added. 

Mjonondwane said the state is of the view that the above-mentioned circumstances brought Mokoena’s conduct into question, as she had the opportunity to ventilate these aspects appropriately during the bail hearing, which is, by its nature, inquisitorial and a fact-finding mission.

“The state had to bring this application to ensure that this hearing proceeded fairly and without bias. The court will deliver its judgement on Wednesday, 11 September.”

DEFENCE ACCUSES STATE OF DELAYING TACTICS

As previously reported, Mboro was arrested with his son and bodyguard in August after brandishing dangerous weapons at Matsediso Primary School in Katlehong on 5 August.

Mboro and his bodyguard Clement Baloyi were denied bail on 19 August due to insufficient proof to justify his release while his son was released on warning.

On Monday, Mboro’s lawyer advocate MoAfrika wa Maila accused the state of delay tactics saying they are not happy with how the matter has been dealt with.

“We will not fold our arms while our client is misrepresented.”

Further, wa Maila said Mboro is bleeding money as he is spending about R110 000 a day when the matter is in court as he is using two attorneys and three advocates.

According to the NPA, pastor Mboro and his co-accused face a string of charges, including kidnapping, possession of dangerous weapons and unlicensed firearms, possession of a prohibited firearm, assault by way of threat, pointing of firearms, discharging of a gun and malicious property damage.